07.BA250028 BOA Report

Maricopa County — Board of Adjustment (2025-06-19)

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Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250028 – Biolante Property 
Hearing Date:
June 19, 2025
Supervisor District:
4
____________________________________________________________________________________________
Applicant: 
Francisco Badilla
Property Owner:
Melissa Biolante
Requests:
Variance to the development standards of the Maricopa County Zoning 
Ordinance to permit:
1)
Proposed maximum lot disturbance of 64.66% where 40% is the 
maximum permitted 
2)
Proposed grading & construction of pool barrier outside the lot’s 
development envelope where otherwise prohibited
Site Location:
APN 502-09-066 @ 8427 N. 192nd Ave – 192nd Ave. and Seldon Ln., in the 
Waddell area
Site Size:
35,544 sq. ft. 
Current Use / Zoning:
Single-family residence / Rural-43 RUPD
Open Violation:
No violation on property
Background:
1.
December 20, 2001: Subject parcel was created as lot 50 of Sonoran Ridge Estates Unit 2 
recorded plat, Book 580 Page 34.
2.
August 7, 2024: Permit (B202217356) for single-family residence receives final inspection.
3.
August 26, 2024: Subject property conveyed to current owner under deed MCR 20240474597.
4.
August 28, 2024: Application date for pool permit (BLDR2402283) current status of the permit 
has not been  issued.
5.
March 2, 2025: Aerial image show unfinished construction of pool and pool barrier prior to building 
permit issuance. No violation reported for the unpermitted construction.
6.
April 25, 2025: Application date for subject variance request.

Page 2 of 12
Existing On-Site and Surrounding Zoning/Land Use:
7.
On-site:
Rural-43 RUPD / Single-family residence
North:
Rural-43 RUPD / Single-family residence
South:
R1-6 RUPD / Tract ‘M’ (floodway) White Tank Vistas subdivision
East:
Rural-43 RUPD / Tract ‘B’ (floodway)
West:
Rural-43 RUPD / Single-family residence & Tract “C” Sonoran Ridge Estates 4
Variance Requests:
8.
The applicant is requesting an overall lot disturbance of 64.66% where 40% is the limit of 
disturbance for each lot per plat note #7 for the subdivision. The second request is for disturbance 
outside the development envelope where also prohibited per the same plat note for the 
subdivision. The intention of the plat note is to mitigate off-site drainage runoff. The requested 
disturbances related to the pool, pool barrier and the laying of grey colored decomposed granite 
in the front yard appear to have been constructed prior to the issuance of the building permit for 
the pool.
Excerpt from proposed site plan

Page 3 of 12
Subdivision RUPD table
Plat note #7

Page 4 of 12
Excerpt from Subdivision Plat showing development envelope for subject lot #50

Page 5 of 12
Photographs of subject site
Site Analysis:
9.
The subject parcel is located within the Sonoran Ridge Estates Unit 2 subdivision. The 
subdivision’s plat note #7 limits site disturbance to 40% of the area of each lot and prohibits 
disturbance outside of the development envelope in order to mitigate off-site drainage runoff. 
Further, the lot is located entirely within regulatory floodplain. 
10.
Flood Control District has no comments on the variance request. Planning engineering doesn’t 
have any objections to the variance request. with notation that the parcel is completely inside a 
regulated floodplain FEMA flood zone AE and construction in the floodplain will require a Flood 
Plain Use Permit.

Page 6 of 12
Floodway & Floodplain Limits

Page 7 of 12
2025 Aerial photo of subject site

Page 8 of 12
Aerial image & surrounding environs

Page 9 of 12
Eagle view of subject site looking north into subject parcel (aerial image dated 3/2/2025). 
Zoning District map

Page 10 of 12
Zoning District Standards:
11.
The following table is included to illustrate and contrast the standards for the underlying zoning 
district with those proposed by the owner (Note: changes to proposed standards are indicated in 
bold).
Standard
Rural-43  
RUPD
Proposed with 
Variance
Min. Front Yard Setback (from west property line) 
30-feet
n/a
Min. Rear Yard Setback (from east property line)
30-feet
n/a
Min. Side Yard Setback (from north and south property 
line)
15-feet
n/a
Maximum Height 
30-feet
n/a
Minimum Lot Area
25,590-sq. ft.
n/a
Minimum Lot Width
60-feet
n/a
Lot Coverage
25%
n/a
Maximum Development Envelope - Development envelope 
shall consist of that area in which site development may 
occur, exclusive of the driveway.
40% 
No grading 
or other 
construction 
may occur 
outside the 
development 
envelope, 
except the 
driveway.
64.66%
Grading and 
pool barrier 
construction 
outside the 
development 
envelope
Note: Standards indicated in bold do not meet base zoning standards
 
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 303.2.2 states the 
Board of Adjustment may, “Allow a variance from the terms of the ordinance if, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the 
general intent and purposes of the zoning ordinance will be preserved.” 
12.
Statutory Test -1 Does the applicant’s property contain any peculiar condition– Discuss and 
explain what is/are the peculiar conditions facing the property and include reference to the 
Maricopa County Zoning Ordinance Regulations or Development Standards to be varied.  
“This parcel is uniquely located entirely within a regulated floodplain, specifically FEMA flood zone 
AE. Therefore, it requires additional flood protection measures due to the flow rate of the existing 
wash along the southern side of the residence. The residence must be elevated above the one-
hundred-year floodplain water surface elevation, which necessitates additional grading. Above 
summarizes the unique situation of the parcel “
13.
Statutory Test 2 – Does applying the requirements of the Ordinance to the applicant’s property 
create an Unnecessary Hardship – Explain how the peculiar condition identified in #1 causes an  
unnecessary hardship to the property when the requirements of the Maricopa County Zoning 
Ordinance are applied.  Explain how the that the peculiar condition of the property came to be and 
whether the condition was created by the applicant or someone in the property’s line of title. 
Explain the proposed use of the property with the variance request. Identify and explain all 
peculiar conditions on your property in regard to the following areas: slope, narrowness, 
shallowness, irregular shape, location, washes, vegetation, and easements, etc. Explain how

Page 11 of 12
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property.
“The parcel's location within the flood plain necessitates adherence to FEMA regulations, which 
must be enforced for any property situated in such areas. Additionally, it is required to comply with 
Maricopa County Zoning Ordinance. The established parameters for the subdivision, SONORAN 
RIDGE ESTATES UNIT 2, limit the disturbed area to 40%. However, due to the specific location of 
this lot, it is not feasible to develop the parcel within these set parameters. The parcel was 
purchased and developed with all these parameters in consideration.”
14.
Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance – Discuss the purpose 
of the zoning requirement from which the variance is being sought. Then, discuss and explain 
how, provided statutory tests #1 and #2 are satisfied, the granting of the requested variance 
would preserve the general intent and purpose of the Zoning Ordinance.
“Granting this variance will not establish a precedent for the existing zoning ordinance due to the 
unique circumstances of this parcel's location within the flood plain and the necessary 
improvements to comply with FEMA guidelines..”
Findings: 
15.
The applicant has the burden of proving to the Board that, in accordance with the standard set 
forth in ARS §11-816.B.2 and MCZO Article 303.2.2, the property requires a variance. To grant the 
relief, the applicant must prove, and the Board must find and identify, a physical condition of the 
applicant’s property that is peculiar and not common to the area or the universe of the zoning 
district. Also, any such peculiarity must not have been created either by the applicant or anyone 
in the chain of title. If the Board determines that there is no such peculiar physical condition, its 
inquiry stops, and the application must be denied.
If the Board identifies a peculiar physical condition of the applicant’s property which is not self-
imposed, then the applicant must prove, and the Board must find and identify, an unnecessary 
hardship imposed upon the property due to the strict application of the requirements of the zoning 
ordinance which the applicant wishes to have varied such that there is no viable use of the 
property without the variance. 
If the Board identifies a peculiar physical condition of the property which is not self-imposed, and 
that in applying the requirements of the zoning ordinance to the property, because of the peculiar 
physical condition, an unnecessary hardship exists, the applicant must prove, and the Board must 
find and identify, how the granting of the variance will preserve the general intent and purpose of 
the zoning ordinance.
In order to approve the variance the Board must make findings and articulate them in motion 
memorializing the above.  
16.
Based upon what the applicant has submitted and the staff analysis in this report, staff offers the 
following positive and/or negative observations the Board may consider in its findings:
•
The applicant has not demonstrated that there is a peculiar condition facing the property. 
The parcel was already reasonably developed with a 5,155 sq. ft. residence that includes 
mitigation efforts to manage off-site drainage runoff. The residence and improvements 
were approved under B202217356 with a maximum permitted disturbance of 39.95%, 
under the 40% maximum, not requiring variance.

Page 12 of 12
•
Staff cannot identify any requirement of the Ordinance that, when applied to the peculiar 
condition, has created an unnecessary hardship. The restrictions of the plat apply to all 
lots within the subdivision. The only other lot within this subdivision with an approved 
variance is to the west for an increase in lot disturbance up to 53%. Part of this disturbance 
is directly related to gabion basket installation for reasonable development of a primary 
residence.
17.
And further, if the Board finds the applicant has satisfied the statutory test, and has stated its 
findings on the record, the grant of this variance will memorialize the following:
a)
Variance approval establishes a Maximum Development Envelope disturbance of 64.66% 
for APN 502-09-066.
b)
Variance approval establishes grading and pool barrier construction outside the 
development envelope.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Manager 
Attachments:
Case Map (1 page)
Application / Supplemental Questionnaire (3 pages)
Site Plan (1 page)
PND Engineering comments (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 1 approx.
Generated May 29, 2025 1:03 PM
BA250028
Application Name:
Legal Description
Biolante Property
Applicant
Case Address
3N 2W 33
Francisco Badilla
8427 N 192ND AVE
Applicant Phone/Email
Parcel Primary:502-09-066
6024184303
fbadilla1@hotmail.com
WADDELL, AZ 85355
Map scale 1:713
Supervisor District No.
We are requesting a variance to exceed the permitted disturbance area specified in the approved final
plat for this subdivision

BA250028 RCVD 4/24/25

	
	
		
	
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VICINITY MAP
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BA250028 RCVD 5/28/25

Page 1 of 1 
Revised 3/1/23 
 
 
 
 
 
 
 
Alba L. Holloway  
Engineering Associate 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85008 
Phone: (602) 372-0850 
Fax: (602)506-3282 
www.maricopa.gov/planning 
Email address: 
alba.holloway@maricopa.gov 
  
Planning & Development 
 
Engineering Plan Review 
Date:   
 
May 16, 2025 
 
Memo To: 
Darren Gerard, Planning Manager, Planning & Development 
 
Attn:  
 
Daniel Johnson, Planner, Planning and Development 
 
 
 
From: 
Alba L. Holloway, Engineering Associate 
 
Planning & Development Department 
 
cc: 
Bob Fedorka, P.E., Engineering Manager, Planning and Development 
 
Subject: 
BA250028  –  Residential Variance / Request to increase 40% lot disturbance 
set by Sonoran Ridge Estates Unit 2 subdivision. 
 
Address: 
8427 N 192nd  Avenue Waddell AZ 85355 
 
APN(s): 
502-09-066 
 
 
PND Engineering has no comments on the variance request. 
 
PND Flood Control District has no comments on the variance request. This parcel is 
completely inside a regulated floodplain FEMA flood zone AE, and construction in the 
floodplain will require a Floodplain Use Permit.   
 
PND MCDOT has no comments on the variance request.  
 
 
 
 
 
Other Maricopa County Agencies must review and recommend approval of this project.   
 
Please contact me if you have any questions or require clarification of these comments.